Federal Daily - January 29, 2009

NTEU Welcomes Congressional Approval of Fair Pay Act

National Treasury Employees Union (NTEU) President Colleen Kelley applauded congressional approval of the Lilly Ledbetter Fair Pay Act, a measure to reverse a 2007 Supreme Court decision that made it tougher to sue for wage discrimination. On a vote of 250-177, the House on Jan. 27 passed the measure, H.R. 11, which was approved by the Senate last week by a 61-36 margin. The bill would lift tight time restraints to file wage discrimination claims; currently, the window for filing can expire before workers realize they were treated unfairly. “This legislation rights a clear wrong and will benefit a considerable number of working people,” Kelley said. H.R. 11 addresses a 5-4 Supreme Court decision which turned back the claim of an Alabama woman working for the Goodyear Tire and Rubber Company who had been paid 40 percent less than her male colleagues. Rep. Susan Davis, D-Calif., who voted for the measure, said the bill is a step toward a policy of equal pay in the workplace. “Despite the progress that we have made over the past four decades, many employers continue to overlook, and occasionally even intentionally ignore, the contributions of their female employees,” said Davis. “The Lilly Ledbetter Fair Pay Act will give employees a better chance to challenge pay discrimination.” To see more, go to: www.nteu.org or www.house.gov/susandavis/press/pr012709fairpay.shtml.

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TRICARE Extends Filing Waiver Deadline

TRICARE Management Activity (TMA) announced on Jan. 27 that it was issuing a three-month extension to its deadline for “timely filing” waivers for dates of service prior to Dec. 31, 2007. The extension will allow providers, beneficiaries and others living overseas additional time to submit overdue claims for reimbursement. The original deadline—Dec. 31, 2008—was extended to March 31, 2009, TMA said in a statement. Extension of this timely filing waiver applies to providers and beneficiaries, overseas TRICARE area offices, remote points of contact and others with outstanding health care claims. Under the extension, overdue or “untimely” claims filed by providers and beneficiaries must be received for processing no later than March 31 by Wisconsin Physician Services (WPS), TRICARE’s overseas claims processor. To file an overdue claim, beneficiaries must mail a completed DD Form 2642 with a copy of the itemized bill and receipts to WPS. Late claims without proper information will not be paid, but WPS will record the date they receive the claim, which stops the clock until additional information is received and reviewed, TMA said. When WPS denies late claims, they will note this on the explanation of benefits, which also provides information on filing an appeal, TMA said. However, TMA noted that TRICARE will deny claims with dates of service before Dec. 31, 2007 that are submitted after the new March 31 deadline. To see more, go to: www.tricare.mil/pressroom/news.aspx?fid=495.

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Lawmakers Seek to Attach Whistleblower Protections to Stimulus Bill

Reps. Chris Van Hollen, D-Md., and Todd R. Platts, R-Pa., introduced a bipartisan amendment to include language in the economic stimulus bill that would protect federal employees who report waste, fraud and abuse. The Platts/Van Hollen amendment was approved for debate on Jan. 27 by the House Rules Committee, which sharply limited the number of amendments that could be offered on the House floor to H.R. 1, the American Recovery and Reinvestment Act of 2009. The new amendment is drawn from the Whistleblower Protection Enhancement Act, H.R. 985, which passed by a large bipartisan vote of 331-94 in the last session of Congress. The amendment would roll back a series of judicial rulings that have weakened existing whistleblower rights, give whistleblowers new rights to fight reprisals and expand protection to employees not covered by current statute. Under the bill, whistleblowers would have access to federal district courts in the event the Merit Systems Protection Board failed to act on their claims within 180 days. It also would allow all circuits of federal appellate courts to review such cases. The amendment is essential because federal whistleblowers do not receive the protections due them by law, said Danielle Brian, executive director of the Project on Government Oversight, a government watchdog group. “We urge Congress to correct the glaring omission of the stimulus package which provides protections to state and local employees and government contractors—but does not give the same protections to federal workers,” Brian said. To see more, go to: www.pogo.org/pogo-files/alerts/government-oversight/go-so-20090127.html or www.rules.house.gov/111/RuleRpt/111_hr1_rpt_amnd.pdf.   

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